Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1887-03-25

Attue al eT Sucn resu omission, IN the county
commissioners shall fail to Law out and establish
such drain.
SEC: "a: All acts and parts Of acts inconsist-
ent with this act are hereby repealed.
| SEC. 80. This act shall take effect and be in
| force from and after it's passage
! Approved March I'd, 1887.
AN ACT to provide for constructing bitches by
| Towns Tor the purpose of drainage.
| be IL enacted Uy the Legislature OF the State OF
| Minnesota:
SEcTIoN l. The supervisors OF any town may
lay OUT aad construct ditch within the limits
! OF such town for the purpose OF drainage, upon
petition OF not less than six legal voters WIN
own real estate or who occupy real estate MnGer
| the Homestead anu pre- enlption law OF the
United States, Or under contract from the State
or minnesota. within one mile Of the ditch TO be
so constructed.
| SEC. .. Whenever any number Of legal voters,
| as aforesaid, determine 10 petition the super
.Vlsors for the laying out or co.s: rucuion OF
often they shall cause copy of their petition to
| be posted up III three OF the most public places
| OF the town twenty DAYS before any action is
haf IN relation thereto Sucil petition stiaii de-
! scribe as near as possible the course of such
| Nltch, ana shall give as near possible the
points where such ditch shall begin and where
! Inc same shall terminate. and description OF
| the lands through which such ditch is proposed
| to be constructed.
| SEC. :. lpen receiving such petition the
Supervisors shat. within thirty days, make out
| notice and Fix therein a llane and place at which
| they will meet and decide upon such petition.
! anu shall, at least ter days previous to such
! time, cause such notice be Given to all ocuu-
pants OF. the land through which such ditch is
proposed IL be constructed which notice shall
be served personally OF by copy LETT at the n,na!
place of abode OF each of said occupants. lrorf
OF such service to be made by affidavit OK the
supervisor making such service. The su:,ervis-
ors shall also cause copies OF snch notice to be
! posted in Three pnblie places in said town a,
| least ten days previous to such meeting. Every
such notice shall specify nearly pract ira bic
The ditch proposed to be laid on: or constructed
! and the several Tracts OF land through which the
| same n ay ljass
I SEC T. Tive supervisors at the time and place
| fixed in said notice, shall proceed to examine
| personally the territory affected by said pro-
| posed ditch. and shall hear reasons for or
against the having out or constructing of the
| same, and shall decide upon the application as
they deem proper. II they decide in favor OF
laying out OF constructing such di. ch they shall
| make out or cause to be made out. accurate
description thereof and incorporate the same in
I an order to be signed by them, and snail cause
| auch order, together with all the petitions and
atfda Wits OF the service OF n tcc lie Tiled in
the Office OF I be town clerk, who shall note the
time OF thing the same and; On Il refusal of the
! supervisors TO lay out and construct snch ditch.
; they shall note the fact the back OF the petit
tion and file the same as aforesaid. All orders.
petitions and afidaVits together with the award
OF damages, shall be made out and filed within
! i've days after the date of The order for laying
| out or constructing such ditch, bnt the town
| clerk shall not record such order within thirty
! days nor until q final decision is had and not
then unless such order is confirmed: and in case
the supervisors shall. fail 10 file such order within
| twenty days, they shall be deemed TO have de-
cided against sutil petition; but if such order il
| confirmed and such order. together with the
award, has been recorded by said town clerk,
! the same shall be sent by him 20 the county
auditor. who shall file and preserve all such
| papers thus transmitted to him
| SEC D. An order iayinE out or directing The
construction OF such ditch and a copy OF the
record duly certified by the town clerk snail be
received in all courts as competent evidence OF
! the facts therein contained and shall be prima
evidence no rrD ,aaH-
ln2s prior 10 the making OF SUCH order except III
case OF appeal wheA an aprfat has been taken
| within the Time limited BIZ this act.
SEC. 6. he damages sustained by reason Of
laying out or construction Of such d, rcl may be
ascertainca 10y the agreement OF tnc owners and
supervisors, and unless such agreement is made
and the owners shall in writing release ali claim
to damages The saIuc shall ha assessed in the
! manner hereinafter prescribed before the same
Is open or used. Every agreement of the
OWnGrS shall be filed il the town Clerks ofce
and shall forever preclude tn" of la nds
from all further claims for danlases not only for
The taking Of land ir. the construction OF sncn
ditch, but also shall preclude the owner from
any claim for damages by the use Of such ditch
IN case the supervisors and the owners of land
claiming damages can not agree, or Ii tie owner
OF any land through which any such ditch shall
be laid QUO constructed is ms nown the
super vsors shall. in their awaru, specify the
amount of damages awarded by them to all
such owner Or owners, giving perfect descrip-
ton of such parcel Of land III their award. The
supervisors shall assess the damages at what
they deem just arc right with each individual
with whom they cannot agree and deposit D
statement Of the amount OF damages so assessed
to each Individual with the town clark, VINO
shall note the time OF filing the same The
supervisors III all cases Ut assessing damages
shall estimate the advantages and benefits which
sucn ditch and the construction thereof viii!
confer on The claimants Tor the same, az welt Us
lhe dlsatvantages. ANY, person LIVING ON Unted
States Land d. VINO has made bis ecrassEy state
for the purpose of this act, he considered the
owner pf such land.
SEC. Z: The several acts and provisions OF
the General Statutes OF 1878, and the acts
amendatory thereto relating to appeals from tie
award OF damages in the LAYING out of HIGHWAYS
shall be appli able to IN appeal from, award Of
damages III laying out or constructing bitches
under the provisions OF this act. aud such APP
peals shall be conducted under the provisions OF
SEC s. Whenever the supervisors shall have
ordered the laying out or construction Of ditch
In conformity with the provisions Of this act tie
same shall be opened and constructed under tue
direction Of the supervisors OF such town, the
expense thereof to be paid by the town il, which
such ditch is situated Whenever the snperys--
ors have laid out any ditch in conformity with
the provisions Of this chapter, and then decs-
ion has not been appealed from, they shall have
11nht 70 90 upon any land through which the
same is to be constructed tor the purpose of
constructing or opening the same.
SEC: 8. This act shall take effect and he in
force from and after It's passage.
Approved March 9Th, 1887.
AN ACT TO provide necessary crossings for the
passage OF farm stock and for drainage under
railroad tracks
Be it enacted by the Legislature Ct the State of
Minnesota:
SECTION /. That whenever railroad shall
hereafter be laid out, opened and fenced, through
che farm lands of any owner Of such lands ia this
state, leaving parts OF such lands OH both sides
OF such railroad, the said railroad, or persons
causing such railroad to be laid out, opened and
fenced, shall construct necessary crossing or
CROSSINGS. under. over or across such railroad,
Tor the passage OF stock to and FROM snch parts
OF such lands, but such crossings shall be 30 con-
structed as not to obstruet SUCH railroad.
SEC. 2. That wherever railroad is now laid out
opened or fenced through the farm lands Of any
such owner thereof. leaving a part of such farm
lands on both sides of such railroad such owner
Is authorized to construct Il crossing under, over
Or across such railroad for the necessary passage
OF stock therein: aud whenever any owner OF
lands adjacent 10 The right Of way Of anv rail-
road company finds it necessary to drain the
same and to continue such dram or drains across
the right OF way of any railroad company. such
owner II hereby authorized to construct such
drain through the right OF way and under the
track or tracks OF such company: but said cross
ing and drains shall be constructed at said
owners expense and tn such manner as not to
obstruct or impair the public nse Of said rail-
road ana after 80 constructed, the said crossing
or CROSSINGS shall he najfta3ra6 snd l-o,,t IN 1